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MYERS MOTORS v. KAISER-FRAZER SALES CORPORATION

Civil Action No. 907.

83 F.Supp. 716 (1949)

MYERS MOTORS, Inc. v. KAISER-FRAZER SALES CORPORATION.

United States District Court D. Minnesota, Fifth Division.

April 14, 1949.

Attorney(s) appearing for the Case

James G. Nye, Elvero J. McMillan, and George W. Atmore, all of Duluth, Minn. (Gillette, Nye, Montague, Sullivan & Atmore, of Duluth, Minn., of counsel), for plaintiff.

Pierce Butler, Irving Clark, and John Hannaford, all of St. Paul, Minn. (Doherty, Rumble, Butler & Mitchell, of St. Paul, Minn., of counsel), for defendant.

DONOVAN, District Judge.

Myers Motors, Inc., hereinafter referred to as plaintiff, brought suit against Kaiser-Frazer Sales Corporation, hereinafter referred to as defendant, to recover damages for breach of contract. The complaint sets up three causes of action.

The first cause of action is based on a contract alleged to have been entered into by the parties on or about April 10, 1946, wherein and whereby plaintiff agreed to purchase for cash, f. o. b. Willow...

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